European Commission

• 1. Introduction

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  On the 13th floor of the Berlaymont building in Brussels, the European Commission holds its meetings. This executive cabinet of the European Union has 27 members, one for each member state. Every one of them has sworn an oath to serve the Union as a whole, not the home country that put them forward.

  An oath taken by 27 people from 27 different governments raises some awkward questions. How did a body of administrators become the only one allowed to propose European law? What happens when its members lose the trust of the elected Parliament? And who decides who gets a seat at that table in the first place?

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• 2. From Coal to Commissions

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  The 9th of May 1950 is the day French Foreign Minister Robert Schuman made the proposal that set the whole system in motion. It produced the European Community and its five key institutions, and the Commission descends from one of them. Its earliest form was the High Authority of the European Coal and Steel Community, created in 1951 with nine members under President Jean Monnet. That body took office in Luxembourg City on the 10th of August 1952.

  Two more communities arrived with the Treaties of Rome in 1958: the European Economic Community and the European Atomic Energy Community, known as Euratom. Their executives were named Commissions rather than High Authorities. The new name reflected a new relationship with the Council. France and some other states had doubts about the High Authority's strength, and they wanted the Council to hold more power than the executives.

  Walter Hallstein led the first Commission of the Economic Community, which held its first formal meeting on the 16th of January 1958 at the Château of Val-Duchesse. Louis Armand led the first Euratom Commission. Hallstein's team agreed a contentious cereal price accord and made a good impression abroad at its international debut, the Kennedy Round of GATT negotiations. He also began to consolidate European law and to influence national legislation. At first, few people paid his administration much attention. With help from the European Court of Justice, however, it stamped its authority firmly enough that later Commissions could be taken seriously.

  The year 1965 brought the crisis of the "empty chair". Charles de Gaulle's French government had piled up disagreements with the other member states over British entry, direct elections to Parliament, the Fouchet Plan and the budget. The dispute was ostensibly about proposals for the Common Agricultural Policy. It was solved the following year, but it cost Étienne Hirsch his presidency of Euratom. It later cost Hallstein his own presidency, even though he was viewed as the most dynamic leader until Jacques Delors. Hallstein is still regarded as the first president of the modern Commission.

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• 3. Dynamism and Direction

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  On the 1st of July 1967, the Merger Treaty combined the three European Executives into a single administration under President Jean Rey. His Commission completed the Community's customs union in 1968. It also campaigned for a more powerful European Parliament that would be elected directly.

  The Malfatti and Mansholt Commissions that followed worked on monetary co-operation. In 1973 came the first enlargement to the north. The Ortoli Commission then had to manage the larger Community during a period of economic and international instability.

  In January 1977, Roy Jenkins was recruited to the presidency from his job as Home Secretary in the United Kingdom's Labour government. He became the first president to attend a G8 summit on behalf of the Community. Gaston Thorn's Commission came next. It oversaw enlargement to the south and began work on the Single European Act.

  At the close of Jacques Delors's second term, the International Herald Tribune offered its verdict: "Mr. Delors rescued the European Community from the doldrums." The paper recalled that he had arrived when "Europessimism was at its worst", a little-known former French finance minister. From 1985 to 1988 he rallied Europe to the call of the single market. In his second term he urged Europeans toward economic, monetary and political union. His College is also considered the "founding fathers of the euro". The Commission that followed him would end in an unprecedented mass resignation.

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• 4. Scandal and the Parliament

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  Paul van Buitenen, an internal auditor, was the person who exposed the frauds that doomed the Santer Commission. French Commissioner Édith Cresson was the main target of the allegations. In 1999 the Parliament forced the entire College to resign. It was the first time Commissioners had been removed together, and it marked a shift of power toward Parliament. Jacques Santer's team had still carried out work on the Treaty of Amsterdam and the euro. The scandal's lasting product was the European Anti-Fraud Office, known as OLAF.

  Romano Prodi took office next, and the press dubbed him something akin to a Prime Minister. The Amsterdam Treaty had increased the Commission's powers. The Treaty of Nice, signed in 2001, gave Presidents more say over the composition of the College.

  In 2004 the Parliament objected to the proposed membership of José Manuel Barroso's Commission. He had to reshuffle his College before it could take office. Allegations of fraud and corruption surfaced again that year, raised by former chief auditor Jules Muis. Guido Strack, a Commission officer, reported alleged fraud and abuses in his department between 2002 and 2004 to OLAF, and he was fired as a result. In 2008 van Buitenen himself accused OLAF of lacking independence and effectiveness.

  Barroso's style drew its own criticism. As the college grew, he adopted a more presidential control over it. Large states such as France, the United Kingdom and Germany also sought to sideline the Commission, and the Barroso Commission is said to have toned down enforcement in reaction to Euroscepticism. Accession negotiations with Croatia and Turkey began in 2005. Croatia joined in 2013, while Turkey's process is effectively suspended. Barroso's first term expired on the 31st of October 2009, and the rules for the size of the next Commission were by then a battle of their own.

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• 5. Counting Commissioners

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  The Rey Commission briefly had 14 members, a temporary bulge caused by the merger of the three executives. Later Commissions shrank back to nine, using a formula that gave one member to small states and two to larger ones. After the 1973 enlargement, the number rose to thirteen under Ortoli, since the United Kingdom, as a large member, received two Commissioners.

  By the end of the Prodi Commission the count had reached 30. The 2004 enlargement to 25 states made the Barroso Commission the first full Commission of the new Union. Because of the larger membership, the Amsterdam Treaty triggered a cut to one Commissioner per state, instead of two for the larger ones. When Romania and Bulgaria joined in 2007, each appointed its own Commissioner, and the total rose from 25 to 27.

  The Treaty of Nice had set a harder rule. The first Commission appointed after membership reached 27 states had to have "less than the number of Member States". The European Council would fix the exact number by unanimous vote, with membership rotating equally. The accession of Romania and Bulgaria in January 2007 made that clause apply to the next Commission.

  The Treaty of Lisbon, in force from the 1st of December 2009, went further. It ordered a reduction to two-thirds of the number of member states from 2014, unless the Council decided otherwise. Irish voters rejected the treaty in 2008, and one main worry was the loss of their Commissioner. The guarantee offered for a second vote was that the Council would use its power to raise the number. The treaties still require it to stay below the number of members. The proposed answer was the so-called 26+1 formula, under which the state without a Commissioner would receive the post of High Representative. That guarantee helped the Irish approve the treaty in a second referendum in 2009.

  Lisbon also merged the post of Commissioner for External Relations with the Council's High Representative for the Common Foreign and Security Policy. The new office is a vice-presidency of the Commission and chairs the Council's foreign affairs meetings.

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• 6. The Sole Author of Laws

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  "The only body paid to think European" is how one description puts the Commission. It was designed from the start as an independent supranational authority, separate from governments. Members are proposed by their own governments, but they are bound to act free of outside influence. The contrast is deliberate. The Council of the European Union represents governments, and the Parliament represents citizens. The Economic and Social Committee speaks for organised civil society, and the Committee of the Regions for local and regional authorities.

  Article 17 of the Treaty on European Union lists the Commission's duties. It must develop medium-term strategies and draft legislation, arbitrating in the legislative process. It represents the Union in trade negotiations and makes rules, for example in competition policy. It also draws up the budget and scrutinises how the treaties and laws are applied.

  Before the Treaty of Lisbon, the Council conferred executive powers on the Commission and could withdraw them, use them directly or attach conditions. After Lisbon, the Commission exercises its powers by virtue of the treaties themselves. They remain narrower than those of most national executives. Foreign policy lies with the Council and the European Council, which some analysts describe as another executive.

  In 2008 the Commission refused a request to draft legislation on transnational collective conventions. That refusal shows the heart of its power: it alone has the legislative initiative. Only the Commission can make formal legislative proposals, and the legislative branches cannot originate them. The Council and Parliament may ask for legislation, and in most cases the Commission acts on those requests. The monopoly is meant to keep drafting coordinated and coherent. Some critics argue Parliament should share the right, as most national parliaments do in some respects. Under Lisbon, a petition with one million signatures can ask the Commission to legislate, but that request is not binding. No legislative act is allowed in the field of the Common Foreign and Security Policy.

  The Commission's proposals have usually centred on economic regulation, often guided by a "precautionary principle". Under it, pre-emptive rules apply whenever a credible hazard to the environment or human health exists. Climate change and genetically modified organisms are examples. The Commission has committed member states to carbon neutrality by 2050. Because of the size of the European market, its stricter rules influence the global market. On the 23rd of February 2022 it published the Corporate Sustainability Due Diligence Directive. The directive asks companies to identify risks to human rights and the environment and to reduce them. It was adopted in 2024, and member states must write it into national law within two years.

  A toxic waste spill off the coast of Côte d'Ivoire in 2006, from a European ship, pushed the Commission toward criminal law. The Union had no crime of shipping toxic waste. Commissioners Franco Frattini and Stavros Dimas put forward the idea of "ecological crimes". Their right to propose criminal law was challenged in the European Court of Justice but upheld. The only other criminal proposals concern the intellectual property rights directive and an amendment to the 2002 counter-terrorism framework decision. That amendment outlaws terrorism-related incitement, recruitment and training, especially via the internet.

  Once the Council and Parliament pass a law, the Commission must see it carried out, through the member states or its agencies. Committees of representatives from member states and from public and private lobbies help it adopt technical measures, a process known in jargon as comitology. It implements the budget alongside the Court of Auditors. It can take member states or other institutions to the Court of Justice, which earns it the informal name "Guardian of the Treaties". It also speaks for the Union in bodies such as the World Trade Organization.

  On the 4th of May 2020, the Commission organised a video conference of world leaders to raise money for COVID-19 vaccine development. It raised US$8 billion. Earlier that year, in February 2020, it had issued a multi-year data plan aimed at a single market for data across the Union.

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• 7. Choosing the College

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  Manfred Weber was the original candidate of the European People's Party in 2019, yet he never became president. The party won the Parliament election but performed worse than expected, so it nominated Ursula von der Leyen instead. She had not been considered a likely candidate. The usual route is the "spitzenkandidat" system, in which the winner of the dominant European party's internal election is chosen. She presented her policy guidelines to Parliament on the 16th of July 2019, after her confirmation. On the 9th of September, the Council declared its list of candidate-commissioners, whom the Parliament still had to approve.

  In the usual procedure, the president is chosen indirectly. The European Council selects a candidate by qualified majority vote, taking the latest parliamentary elections into account. Any person from the largest party can be picked. That candidate then needs the approval of the European Parliament. If Parliament fails to elect the candidate, the European Council has one month to propose another. Lisbon changed the wording: Parliament now "elects" candidates instead of "approving" them, as under the Treaty of Nice.

  Each Commissioner is then proposed by a member state, in consultation with the president and the Council. States that supplied the president or High Representative are exempt. The proposed College faces hearings at the Parliament, which questions the candidates and votes on the whole team. If Parliament gives a negative opinion on a candidate, the president must reshuffle that person or ask the state for a new nominee, to avoid outright rejection. After approval, a qualified majority vote in the European Council formally appoints the College.

  The education portfolio shows how a post can change in weight. The Education Commissioner has grown in importance as education and culture have gained ground in European policy. The Competition Commissioner, by contrast, holds a highly visible position with global reach. A Commissioner's power largely depends on the portfolio, which the president hands out. Each also has a personal cabinet for political guidance, while the Directorates-General handle technical preparation.

  The president then names vice-presidents from among the Commissioners. They manage policy areas involving several Commissioners. The High Representative, commonly called the HR/VP, becomes a vice-president ex officio and coordinates external relations and defence cooperation. The von der Leyen Commission created more senior executive vice-presidents, drawn from the three largest political groups in Parliament. Their task is to manage the Commission's top priorities, with extra support from a dedicated Directorate-General.

  In 2014, Jean-Claude Juncker became president. He appointed his campaign director and transition team head, Martin Selmayr, as chief of cabinet. During the Juncker presidency, Selmayr was described as "the most powerful EU chief of staff ever."

  In September 2024, von der Leyen revealed a new team, marking a shift to a leaner and more interconnected structure. Six executive vice-presidents came from France, Finland, Estonia, Italy, Romania and Spain, including Teresa Ribera and Stéphane Séjourné. Kaja Kallas became executive vice-president for Foreign and Security Policy, and Henna Virkkunen took Tech Sovereignty and Digital Technologies. Raffaele Fitto was appointed despite criticism from European socialists over his hard-right affiliations. New roles included a Commissioner for Defence and Security and a Commissioner for the Mediterranean. The second von der Leyen Commission took office in December 2024.

  A two-thirds vote of no confidence in the Parliament can dissolve the whole College. Only the president can request an individual Commissioner's resignation. An individual can still be compelled to retire for breaching obligations, if the European Court of Justice so rules, under Articles 245 and 247 of the Treaty on the Functioning of the European Union.

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• 8. Bureaucracy and Its Critics

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  Ilze Juhansone holds the post of Secretary General, which heads the Commission's civil service. Beneath her sit the Directorates-General, each covering a policy area such as agriculture or justice, or an internal service such as human resources and translation. Each is led by a director-general who answers to a Commissioner. One Commissioner's portfolio can rely on several of them. They prepare proposals, and those approved by a majority of Commissioners go to the Parliament and Council. Critics say the fragmented structure wastes time in turf wars and that DGs can overpower Commissioners who have little time to assert control.

  In September 2012, according to the Commission's figures, 23,803 people worked as officials and temporary agents. Another 9230 were external staff, such as contractual agents, seconded national experts and trainees. The Directorate-General for Translation was the largest, with 2309 employees. Belgians formed the largest national group, at 18.7 percent, probably because 17,664 staff were based in Belgium.

  Every weekday, journalists gather in the press room at the Berlaymont for the "Midday Presser". Chief spokesperson Paula Pinho takes questions there on any topic, and reporters can legitimately expect an on-the-record answer for live TV. Such a situation is unique in the world. The chief spokesperson reports directly to the president on political communication.

  Brussels has a larger press corps than Washington, D.C. In 2020, outlets in every member state had a correspondent there. One researcher noted that Commission press releases are uniquely political, often redrafted to emphasise the Commission's role and used "for justifying the EU and the Commission". Where several departments are involved, a release can become a contest between them. The Commission closed Presseurop on the 20th of December 2013, a decision that was criticised.

  European Parliament elections have drawn turnout often below 50 percent since 1999, and Eurosceptics cite that as a weakness. Their concern is that the Commission president is not directly elected. They also object that the Commission can decide the shape of implementing legislation, even with oversight from comitology committees. Defenders reply that the Council must approve all legislation, and the Parliament most of it. They add that the Commission was historically seen as a technocratic body, like an independent central bank, that should stay away from party politics.

  In 2009 the European ombudsman reported that 66 percent of citizens' complaints against EU institutions targeted the Commission, and 36 percent concerned lack of transparency. In 2010 the Commission was sued for blocking access to documents on biofuel policy, after media accused it of withholding scientific evidence against biofuel subsidies. Reports have also highlighted unclear lobbyist relations, conflicts of interest and excessive spending, as well as IT issues involving Microsoft.

  The Commission's work does not happen only in Brussels. It meets in the Winston Churchill building in Strasbourg when Parliament sits there. It also runs in-house scientific facilities at Ispra in Italy, Petten in the Netherlands, Karlsruhe in Germany, Geel in Belgium and Seville in Spain. In Grange, County Meath, Ireland, a Commission site hosts part of DG Santé.

  In September 2020, the Commission put forward an Anti-Racism Action Plan to tackle structural racism in the Union. It included measures on the lack of racial diversity among decision makers in Brussels, which the #BrusselsSoWhite movement had denounced.

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